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2021 Supreme(Gau) 464

SUMAN SHYAM, MARLI VANKUNG
Anwar Hussain Barlaskar, S/o. Late Aftab Uddin Barlaskar – Appellant
Versus
State of Assam, Rep. by the P. P. , Assam – Respondent


Advocates Appeared:
For the Appellant : Mr. A. Ahmed.
For the Respondents: Ms. B. Bhuyan, A.P.P.

JUDGMENT :

Suman Shyam, J.

1. Heard Mr. A. Ahmed, learned counsel appearing for the appellants. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State/ respondent No.1. None has appeared for the informant/respondent no.2.

2. By filing this appeal, the two appellants have challenged the judgement and order dated 07/08/2019 passed by the learned Sessions Judge, Hailakandi, in Sessions case No. 109/2016 convicting the appellants under Sections 341/302/34 of the Indian Penal Code (IPC) for wrongfully restraining and committing murder of Md. Faruk Uddin Laskar and sentencing each of them to undergo rigorous imprisonment for life and also to pay fine of Rs.5,000/- each, in default, to undergo imprisonment for two months for the offence committed under Section 302 of the IPC and also to undergo simple imprisonment for one month for the offence committed under Section 341 of the IPC.

3. The brief facts and circumstances giving rise to the filing of the present appeal may be notice hereunder. On 08/02/2016, Md. Fariz Uddin Laskar had lodged an ejahar before the Officer-in-Charge of Hailakandi Police Station reporting that on 06/02/2016, at around 9 a.m. when his brother M

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